A person is guilty of human trafficking in the first degree if the person commits human trafficking, as set forth in § 22-49-1, and the act:

1. (1) Involves any means of force, threat of force, fraud, coercion, or any combination of means to cause the person to engage in a commercial sex act;
2. (2) Involves a victim under the age of eighteen years; or
3. (3) Results in the death of a victim. Human trafficking in the first degree is a Class 2 felony. A conviction under this section for a first offense must be punished by a mandatory sentence of at least fifteen years in a state correctional facility, which sentence may not be suspended. A conviction under this section for a second or subsequent offense must be punished by a mandatory sentence of at least twenty years in a state correctional facility, which sentence may not be suspended. Consent to performing any act prescribed in § 22-49-1 by a minor or a minor's parent, guardian, or custodian, or any mistake as to the minor's age is not a defense to a charge of violating this section. Notwithstanding the provisions of § 22-4-1, any attempt to commit a violation of this section against a victim who is a minor is punishable in the same manner as the completed violation.

Source: SL 2011, ch 120 , § 2; SL 2016, ch 129 , § 2; SL 2018, ch 138 , § 1; SL 2020, ch 89 , § 2; SL 2025, ch 99 , § 2.